BIJAY NATH VERMA Vs. SAIL BOKARO STEEL PLANT

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India whereby and whereunder vide order dated 27.06.2017 (Annexure-10), the representation filed by the petitioner dated 17.03.2017 in pursuance to the order passed by the Principal District Judge, Bokaro in Civil (Misc.) Appeal No.13 of 2016 has been rejected.

(2.) The brief facts of the case of the petitioner is that the petitioner has been allotted the quarter in pursuance to the lease of agreement dated 21st day of January 2002 (Annexure-4) wherein certain terms and conditions have been incorporated, one of the conditions is that there will be no alteration or addition in the construction already made, save and except, the permission of the authority and in case of violation of the said terms and conditions the lease would be liable for termination as would be evident from condition No.2(xiii) to the lease of agreement (page 60).

(3.) The petitioner has constructed a garage initially against which the objection has been made by the competent authority but the same has been regularized by the competent authority considering that the extension was made within the permissible limit but again construction has been made, but this time two rooms have been constructed over the roof of the first floor and therefore, a proceeding has been initiated by the authority under the provision of sub-section (2) of Section 5(A) of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 wherein the order has been passed for removal of the said construction in the said quarter and with a direction to pay sum of Rs.10,000/- only as a cost of removal, against which the appeal has been preferred before the Principal District Judge, Bokaro being Civil (Misc.) Appeal No.13 of 2016 which was disposed of vide order dated 09th January, 2017 with a observation that it will be open for the petitioner to make application before the competent authority for regularization of the deviation to be permissible.